Johnson v. State

Curtis Johnson, defendant appellant, (Johnson) was charged by indictment in three counts. The first count charged Johnson with reckless homicide in the killing of a human being by recklessly driving his automobile which reckless driving was the “approximate cause” of the decedent’s death. The second count was driving a motor vehicle while under the influence of intoxicating liquor and causing the death of another person. The third count was the charge of driving a motor vehicle while under the influence of intoxicating liquor, second offense.

The trial of the cause resulted in the jury finding…